2016 GBLR 53

ABDUL RASHEED Versus PROVINCIAL GOVERNMENT OF GILGIT-BALTISTAN

Citation2016 GBLR 53

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Dr. Rana Muhammad Shamim, C.J., and Shahbaz Khan

ORDER

1. DR. RANA MUHAMMAD SHAMIM, C.J.--- This petition has been arisen out of the impugned judgment/order dated 03.03.2015 passed by the learned Division Bench Gilgit-Baltistan Chief Court, whereby dismissed the Review Petition No. 290/2014 in Writ Petition No.33/2010. Feeling aggrieved and dissatisfied with the impugned judgment/order passed by the learned Chief Court Gilgit-Baltistan, the petitioner filed the instant petition for leave to appeal before this court.

2. The learned counsel for petitioner submits that due to an administrative order passed by the learned Registrar of Chief Court in which the case of petitioner was sent to the learned Service Tribunal Gilgit-Baltistan for disposal in accordance with law.

3. Since the matter pertains to contract services, and the case does not come within the purview of the learned Service Tribunal, which through an administrative order returned back eighty five (85) cases including the case of petitioner to the learned Chief Court with the request to dispose off the said case in accordance with law. On 03.03.2015 the matter was taken up by the learned Division Bench of Chief Court who was pleased to dismiss the case of petitioner being time barred. The learned counsel for the petitioner submits that the time consumed due to administrative orders passed by the learned Registrar of Chief Court as well as the learned Service Tribunal through Registrar and it cannot be counted against the petitioner. He further submits that the impugned order passed by the learned Chief Court was not tenable and liable to set aside.

4. The learned Advocate General frankly conceded that the learned Chief Court should have to hear the case and decide it on merits in accordance with law. He, however, lukewarmly supported the contentions raised by the learned counsel for the petitioner.

5. In view of the above discussions, we convert this petition into an appeal and the same is allowed. The case is remanded back to the learned Chief Court for its de novo considerations by hearing afresh and decide the same on its own merit expeditiously within two months.

6. The petition is disposed off in above terms.

7. HBT/74/GB Case remanded.